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REGISTERED No. DL - 33994 /93 fatto Ato go to 33004 / 93 25 भारत का राजपत्र The Gazette of India असाधारण EXTRAORDINARY ATT II - TE 1 PART II Section 1 प्राधिकार से प्रकाशित PUBLISHED BY AUTHORITY -- - - - - - - - 1 -- - - - - po 11] Apf farmt, * * IT,Wutt 14 , 1994 /91& 24 , 1915 No, 11 ] NEW DELHI, FRIDAY, JANUARY 14, 1994 /PAUSA 24 , 1915 - - - इस भाग में भिन्न पष्ठ संख्या दी जाती है जिससे कि यह मलग संकलन के रूप रखा जा सके । Separato paglag ly given to thks Part in order that it may be fillod As a separate compilation - - MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 14th January , 1994 / Pausa 24, 1915 (Saka ) THE COFFEE (AMENDMENT) ORDINANCE , 1994 No. 1 OF 1994 Promulgated fy the President in the Forty- fourth Year of the Republic of India An Ordinance further to amend the Coffee Act, 1942. WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take im mediate action ; Now , THEREFORE, in exercise of the powers conferred by clause ( 1) of article 123 of the Constitution , the President is pleased to promulgate the following Ordinance : - 1. ( 1 ) This Crdinance may be called the Coffee (Amendment) Short title and Ordinance 1994 , con (2 ) It shall come into force at once . mence ment, 7 of 1942 , 2. In section 3 of the Coffee Act, 1942 (hereinafter referred to as the Amend mont of principal Act ) , Section (a ) for clause (c), the following clause shall be substituted, namely : 52 of 1962. " (c) " Collector ” means a Collector of Customs as defined in clause ( 8 ) of section 2 of the Customs Act , 1962 ;'; m3 :1 1 , GAZETTVEN OF1 IINNIADISS EXTRV DINARY PART I1 I. - - - - - - - (b ) for clause (h ) , the following clause shall be substituted , pamely : ' ( h ) “ free sale quota " means that portion , stated in terms of bulk or weight, of the whole of the coffee produced by7ha ustale in the year , which a registered cstate is permitted under his Act to sell;'. Omin 3. Section 12 of the principal Act shall be omilled , Sion of Section 12 Substitu 4 . For section 13 of the principal Act, the following section shall be tion of substituled , namely : -- new co tion for sect on 13 Payment " 13. (1 ) The proceeds of the duty of customs levied under this of pro Act ( all of which shall form part of the Consolidated Fund of India ) , ceedly of reduced by the cost of collection as determined by the Central Gov du y to ernment, shall, if Parliament by appropriation made by law in this the Board behalf so provides , be paid to the Board for boing lililised for the purposes of this Act. (2 ) The provisions of the Customs Act, 1962 , and the rules and 52 of 1962 . regulations made thereunder , shall , as far as muy be, apply in rola lion to , (u ) the refund of the duty of customs where coffee is ex ported and subsequently imported into India ; and (b ) the cxport, without payment of the duty of customs, of coffee which is subsequently to be imported into India ." . S tills 5 . For section 17 of the principal Act, the following section shall be tion of new substituted , namely : scction for section 17 . Sale of " 17. No registered owner shall sell or contract to sell coffee from coffee any registered estate if by such sale the free sale quota allotted to in excons that estate is exceeded nor shall a registered owner sell or contract of free to sell any coffee produced on his estate in any year for which no sale quota , free sale quota is allotted to the estale ." . Amond 6 . In section 20 of the principal Act, for the words and figures " Sea ment of Customs Act , 1878 , shall have effect as if the provision made by this 8 of 1878. section section had been made by notification issued under section 19 " , the 20 , words and figures " Customs Act, 1962 , shall have effect as if the provi- 52 of 1962 . sion made by this section had been made by notification issued under section 11" shall be substituted . SFC. THE GAZETTE CI" INDIA EXTRAORDINARY - - --- - -- - - - - - - =- =- - --- --- -- - - - - - = = = = 7 . For section 22 of the principal Act, the following section shall be Substitu tion of substituted , namely : new section for section 22. * 12. (1 ) Unless with the previous sanction of the Central Gov Free ernment the Board decides that no free sale quotas shall be allotted , yala the Board shall, as soon as may be , allot to each registered estate a quole. free sale quota for the year. ( 2 ) The free sale quota shall be a fixed percentage , common to all registered estates, not exceeding fifty per cent, of the probable total production of the estate in the year as estimated by the Board ; Provided that the Board may , with the previous sanction of the Central Government, allot such quota at a percentage higher than fifty per cent. of the said probable total production , ( 3 ) The Board may at any time vary the free sale quota by varying the fixed percentage common to all registered estates , or may express the whole or any part of the free sale quotal of an esiale in terms of bulk instead of in terms of weight.” . 8 . In section 23 of the principal Act, in sub -section (2 ) , for the words Amond " an internal sale quola " , at both the places where they occur , the words ment of " a free sale quota" shall be substituted . section 23 . 9. In section 24 of the principal Act, for the words " internal sale Amend quota " , the words " free sale quota" shall be substituted . ment of tection 24 . 10 . In section 25 of the principal Acl . . Ameud ment of (a ) in sub -section ( 1) , section ( i) for the words " internal sale quota " , the words " free sale quota " shall be substituted ; (ii ) for the words " internal sale quotas" , at both the places where they occur, the words “ free sale quotas " shall be substi tuted ; ( b ) in sub -section ( 2 ) , for the words " internal sale quota ” , the words " free sale quola " shall be substituted . 11. In section 29 of the principal Act, in sub -section ( 1) , Amend ment CE (i) for the words " internal sale quota " , the words " ffrreeee ssaallee section 29 . quota " shall be substituted ; (ii) for the words " for internal sale ” , the words " for free sale " shall be substituted ; (iii) for the words " internal sale quotas ” , the words " free sale quotas" shall be substituted . THE GAZETTE OF INDIA EXTRAORDINARY [Parr II — Sec . 1 ] - - - - - - - Amed 12 . In section 32 of the principal Act, in sub- section (2 ) , for the words , ment of brackets and figures " Subject to the provisions of sub -section (1 ) of sec section tion 13 , the pool fund" , the words “ The pool fund " shall be substituted . 32 . Amond 13 . In section 40 of the principal Act, in sub -section (1 ) , for the words ment of " a Magistrate of the first class ” , the words " a Metropolitan Magistrate or section a Judicial Magistrate of the first class " shall be substituted. 40 , Amond 14 . In section 48 of the principal Act, in sub -section ( 2 ) , in clause ment of ( xviii) , for the words " internal sale quota " , the words " free sale quota " 3action shall be substituted . 48 . SHANKER DAYAL SHARMA , President. K , L , MOHANPURIA , Secy , lo the Govt. of India . - - - - - - - - - - - - - - - - - — - THINTED 1 TII MASAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROTLER OF PUBLICATIONS , DELHI, 1994